JUVENILE CUSTODIAL OFFICERS' AWARD WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Civil Service Association of Western Australia Incorporated APPLICANT -v- Department of Justice RESPONDENT CORAM PUBLIC SERVICE ARBITRATOR Senior Commissioner R Cosentino DATE TUESday, 28 MARCH 2023 FILE NO P 5 OF 2022 CITATION NO. 2023 WAIRC 00161 Result Award varied Representation Applicant Civil Service Association of Western Australia Incorporated Respondent Department of Justice Order WHEREAS this is an application filed by the Civil Service Association of Western Australia Incorporated (CSA) on 21 December 2022 to vary the Juvenile Custodial Officers’ Award pursuant to s 40 of the Industrial Relations Act 1979 (WA); AND WHEREAS the grounds for the application are to update several allowances and a salary rates schedule contained in the Award as follows: (a) replace Schedule G – Expired General Agreement Salaries to reflect the current expired general agreement salary rates; (b) substitute references to Level 1.7 salary with Level 1.4 to reflect that there is no longer a Level 1.7 salary rate in the new Schedule G; (c) increase the salary related Out of Hours Contact allowances in line with the increased salary rates; and (d) increase the overtime meal, motor vehicle, relieving and removal related allowances in accordance with relevant CPI changes since the allowances were last increased, or, if not previously increased, since those allowances were introduced. AND WHEREAS the CSA is a named party listed in Clause 9 of the Award, and therefore has standing to make the application; AND WHEREAS the respondent, represented by Government Sector Labour Relations, agrees to the proposed variations, with some minor amendments to which the CSA agrees. In effect, the proposed variations are by consent of the parties; AND WHEREAS the proposed variations are in accordance with Principle 6 of the Statement of Principles made in the 2022 State Wage Case; AND WHEREAS the parties consented to the application being determined on the papers; AND BEING satisfied that: (a) the amendments proposed do not affect any substantive change to the scope of the Award or its area of operation; (b) the application is not made within a term specified in the Award; and (c) the requirements for varying the Award are met; NOW THEREFORE, the Public Service Arbitrator, pursuant to the powers conferred under the Act, hereby orders – THAT the Juvenile Custodial Officers’ Award be varied in accordance with the following Schedule and that the variations in the attached Schedule shall have effect from the beginning of the first pay period commencing on or after the date of this order. Senior Commissioner R Cosentino PUBLIC SERVICE ARBITRATOR SCHEDULE 1. Clause 3.3. – SHIFT WORK: Delete subclause 3.3.2(1)(b) of this Clause and insert in lieu thereof the following: (b) Notwithstanding the above, the minimum amount payable per shift to an employee required to work afternoon or night shift will be the allowance payable to an employee with an annual salary of Level 1.4 in Schedule M – Expired General Agreement Salaries of the Public Service Award 1992. 2. Clause 5.4. – MOTOR VEHICLE ALLOWANCE: Delete subclause 5.4.5 of this Clause and insert in lieu thereof the following: 5.4.5 Allowance for towing the employer’s caravan or trailer. In case where employees are required to tow the employer’s caravans on official business, the additional rate shall be 10.00 cents per kilometre. When the employer’s trailers are towed on official business the additional rate shall be 4.5 cents per kilometre. 3. Clause 5.7. – RELIEVING ALLOWANCE: Delete subclause 5.7.4 of this Clause and insert in lieu thereof the following: 5.7.4 If an employee whose normal duties do not involve camp accommodation is required to relieve or perform special duty resulting in a stay at a camp, the employee shall be paid camping allowance for the duration of the period spent in camp, and in addition, shall be paid a lump sum of $233.00 to cover incidental personal expenses: Provided that an employee shall receive no more than one lump sum of $233.00 in any one period of three years. 4. Clause 5.8. – REMOVAL ALLOWANCE: A. Delete subclauses 5.8.1(3) and 5.8.1(4) of this Clause and insert in lieu thereof the following: (3) An allowance of $633.00 for accelerated depreciation and extra wear and tear on furniture, effects and appliances for each occasion that an employee is required to transport their furniture, effects and appliances provided that the employer is satisfied that the value of household furniture, effects and appliances moved by the employee is at least $3,792.00. (4) Reimbursement of reasonable expenses in kennelling and transporting of domestic pet or pets up to a maximum amount of $233.00. B. Delete subclause 5.8.6 of this Clause and insert in lieu thereof the following: 5.8.6 Where an employee is transferred to government owned or private rental accommodation, where furniture is provided, and as a consequence the employee is obliged to store furniture, the employee shall be reimbursed the actual cost of such storage up to a maximum allowance of $1,178.00 per annum. Actual cost is deemed to include the premium for adequate insurance coverage for the value of the furniture stored. An allowance under this subclause shall not be paid for a period in excess of four years without the approval of the employer. C. Delete subclause 5.8.3(5) of this Clause and insert in lieu thereof the following: (5) If the employee tows the caravan, trailer or boat to the new residence, the additional rate per kilometre is to be 4.0 cents per kilometre for a caravan or boat and 2.5 cents per kilometre for a trailer. 5. SCHEDULE E – CLAUSE 3.2 – OVERTIME: A. Delete Part I – OUT OF HOURS CONTACT of this Schedule and insert in lieu thereof the following: PART I – OUT OF HOURS CONTACT (Operative on and from first pay period after date of hearing) Standby $12.30 per hour On Call $6.15 per hour Availability $3.08 per hour Subclause 4.4.2 of the Award defines annual salary for calculation purposes. B. Delete Part II – MEALS of this Schedule and insert in lieu thereof the following: PART II – MEALS (Operative from the first pay period commencing on or from date of hearing) Breakfast $12.05 per meal Lunch $14.85 per meal Evening Meal $17.80 per meal Supper $12.05 per meal 6. SCHEDULE G – EXPIRED GENERAL AGREEMENT SALARIES: Delete this Schedule and insert in lieu thereof the following: SCHEDULE G – EXPIRED GENERAL AGREEMENT SALARIES Annual Salary on and from 13 June 2021 (Not to be subjected to arbitrated safety net adjustments) Juvenile Custodial Officers 1st Year $64,172 2nd Year $65,781 3rd Year $67,482 4th Year $69,256 Unit Managers 1st Year $72,896 2nd Year $74,781 3rd Year $76,723 4th Year $78,717 Senior Officers 1st Year $81,452 2nd Year $83,593 3rd Year $85,797